DUI & DWI in South Dakota
“Can my DUI charges be dropped?” “Will I be convicted?” “Will I go to jail?” These are the questions that South Dakota DUI attorneys hear every day. Your DUI defense lawyer will have to examine the facts of your individual case to answer your questions.
In the meantime, we’ll give you background information so you better know what to expect and can ask more good questions.
Here’s a summary of:
- South Dakota DUI Laws
- South Dakota DUI Punishments
- Potential DUI Defenses
- South Dakota’s Other Drunk Driving and Alcohol Laws
- How to Find a South Dakota DUI Defense Lawyer
When is a Driver Considered to be Legally Drunk in South Dakota?
South Dakota drunk driving laws are found in The South Dakota Codified Laws. Specifically, here is the link to the SD DUI laws.
To bottom line drunk driving laws – the South Dakota BAC (blood alcohol content) limits are:
- .08 -over age 21 non-commercial drivers.
- .02 – under age 21 drivers.
- .04 – commercial and school bus drivers.
If you are caught driving with a BAC at or over these limits on South Dakota roadways, you will be arrested for drunk driving.
What is South Dakota’s Punishment for DUI Convictions?
- 1st DUI Conviction: Up to1 year in jail – fines of up to $2,000- loss of commercial license -drivers license suspension for 30 days- In addition, if your BAC was .17 or higher, the court will order you to submit to a chemical dependency test; you’ll pay for the test.
- 2nd DUI Conviction within 10 Years: Up to 1 year in jail – fines of up to $2,000 – loss of commercial license – drivers license suspension for at least 1 year.
- 3rd DUI Conviction within 10 Years: Up to 2 years in jail – fines of up to $4,000 – loss of commercial license – drivers license suspension for at least 1 year.
South Dakota Drunk Driving Defenses
Being arrested for drunk driving doesn’t mean you will be convicted. That’s why you need a SD DUI defense lawyer.
Your DUI lawyer will attempt to:
- Get DUI charges dropped.
- Get DUI charges reduced.
- Prevent prosecutors from proving guilt.
- Identify mistakes made in the stop, BAC testing and reporting, arrest, and detainment process.
- Show that a reversible trial error was made.
- Minimize any criminal sentence.
South Dakota’s Other Drunk Driving and Alcohol Laws
South Dakota’s Dram Shop Law
South Dakota does NOT have a Dram Shop Act.
South Dakota’s Providing Alcohol to Underage Persons Law
In South Dakota, it’s a crime for either a licensed drinking establishment or an individual to furnish alcohol to underage persons. Criminal punishments include fines and jail time.
South Dakota’s Providing Alcohol to Visibly Intoxicated Person
It’s a crime for a licensed drinking establishment to serve alcohol to visibly intoxicated persons. Criminal punishments include fines and jail time.
How to Find a South Dakota DUI Attorney
To find a South Dakota DUI lawyer, search our website, www.attorneys.org, or ask friends or the bar association for a referral.
